Steele v. Sullivan
Supreme Court of Alabama
Appeal from the 'Chancery Court of Madison. Heard before the Lion. H. C. Speake. The bill in this case was filed on the 3d February, 1873, by James W. Steele, against Larkin P. Sullivan and others; and sought to restrain and prevent the obstruction of an alley, which adjoined Sullivan’s lot on the west, and in which he had erected a stairway, or flight of steps, leading from the public sidewalk of the street into the second story of his building.
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Appeal from the 'Chancery Court of Madison. Heard before the Lion. H. C. Speake. The bill in this case was filed on the 3d February, 1873, by James W. Steele, against Larkin P. Sullivan and others; and sought to restrain and prevent the obstruction of an alley, which adjoined Sullivan’s lot on the west, and in which he had erected a stairway, or flight of steps, leading from the public sidewalk of the street into the second story of his building. The lots of the parties were situated on the same square in the city of Huntsville, lying north of the court-house square, bounded on the north by…
1Opinion of the Court
SOMERYILLE, J\
A dedication of land to the public use, as a highway, need not be in writing, but may originate by any act or declaration of the owner, which manifests an intention to devote the property to such public uses. Being avolun*594tary donation, it will not be presumed, without the clearest intention to this end. It must be completed by the acceptance of the public, and, when once accepted, is irrevocable. The act of dedication, especially if single, must be clear and unequivocal ; but acceptance may be shown by long public use, or by acts of corporate or other public officers,…
2Cases cited6 opinions
- Cook v. . HarrisNew York Court of Appeals · 1875
- Polly v. McCallSupreme Court of Alabama · 1860
- Hoole v. Attorney GeneralSupreme Court of Alabama · 1853
- Rees v. City of ChicagoIllinois Supreme Court · 1865
- Tracy v. AthertonSupreme Court of Vermont · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Bessemer Land & Improvement Co. v. JenkinsSupreme Court of Alabama · 1895
- Western Aggregates, Inc. v. County of YubaCalifornia Court of Appeal · 2002
- Riley v. BuchananCourt of Appeals of Kentucky · 1903
- West v. WestSupreme Court of Alabama · 1949
- Trump v. McDonnellSupreme Court of Alabama · 1898
34 more not listed; retrieve them via the Exa API.